HARBHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Harbhajan Singh petitioner has filed this petition under Section 482 Cr.P.C. praying for quashing of FIR No.12 dated 12.3.2013 (Annexure-P.1) for the offences under Sections 307 IPC and Sections 25 and 27 of the Arms Act registered at Police Station Bhadaur, District Barnala and all consequential proceedings in view of the compromise dated 27.8.2013 (Annexure-P.2) entered into between the parties. On 30.10.2013, learned Chief Judicial Magistrate, Barnala was directed to send its report before this Court regarding genuineness/ validity of the compromise (Annexure-P.2) after recording the statements of all the concerned parties.

(2.) In compliance of the above, the learned Chief Judicial Magistrate, Barnala has sent his report vide letter dated 11.11.2013, wherein statements of Harbhajan Singh (petitioner) and complainant Hardev Singh (respondent No.2) and Gurnaib Singh (respondent No.3) have been recorded. Complainant Hardev Singh admitted the factum of compromise with the accused. He also admitted that said compromise is genuine, voluntary and without any coercion or undue influence. He has stated that he is fully satisfied and he has no objection if the present FIR is quashed.

(3.) The dispute in the present case, it is submitted, is purely personal in nature. The offence under Section 307 IPC as alleged, it is submitted, is not made out in the facts and circumstances of the case. Learned counsel for the petitioner submits that injury on the person of injured has not been declared dangerous and the injured is hail and healthy. He was admitted in hospital on 11.3.2013 and has been discharged from the hospital on 12/13.3.2013. Hence, no offence under Section 307 IPC is made out against the petitioner. It is further submitted that the parties now want to live in peace and for the welfare of the future of their children, they have compromised the matter on the intervention of the Panchayat and respectable persons of the village. Separate affidavits have been filed by the petitioner, respondents No.2 and 3, namely, Harbhajan Singh, Hardev Singh and Gurnaib Singh.